‘Swifties’ set back again in lawsuit against Live Nation over 2023 tour

By Mike Scarcella

May 16 (Reuters) - Hundreds of Taylor Swift fans suffered a new court setback on Thursday when a U.S. judge dismissed fraud and other claims against Live Nation and its subsidiary Ticketmaster over botched ticket sales for the superstar singer’s 2023 Eras Tour.

U.S. District Judge George Wu in the federal court in Los Angeles said the 355 fans of Swift who are suing in a proposed class action had failed to present enough evidence for now to move their lawsuit forward.

Wu’s Thursday order was his latest in the case rejecting claims from the plaintiffs. Still, he gave the fans, often called 'Swifties', another chance by setting a July 14 deadline for them to file an amended lawsuit.

Live Nation did not immediately respond to a request for comment. The company and other defendants have denied any wrongdoing.

Jennifer Kinder, a lawyer for the fans, said they “look forward to our next hearing in front of Judge Wu” in what she described as a fight against a “Goliath.”

The lawsuit claims the plaintiffs were unable to secure tickets in 2022 to Swift’s much-hyped New Eras Tour when billions of requests from Swift fans, bots and scalpers overwhelmed Ticketmaster's website and the company canceled a planned ticket sale to the general public.

The case alleged breach of contract and negligent misrepresentation, and accused Live Nation of antitrust violations including price-fixing and improper exclusive deals with stadiums and music artists.

Wu in his order said the Swift fans “failed to plead any of their antitrust theories with the requisite particularity or clarity.”

Live Nation is separately facing a proposed nationwide class action by U.S. Ticketmaster customers who claim the company charges artificially high ticket prices.

In that case, Live Nation last year lost its bid to force the consumers to bring their claims in private arbitration. The company has asked the U.S. Supreme Court to take up the issue.

Live Nation is also fighting an antitrust lawsuit brought by the U.S. Justice Department and a group of states in federal court in Manhattan.

The case is Julie Barfuss, et al v. Live Nation Entertainment Inc, et al, U.S. District Court, Central District of California, No. 2:23-cv-01114-GW-DTB.

For plaintiffs: John Genga of Genga & Associates, and Jennifer Kinder of Kinder Law

For defendant: Timothy O’Mara and Alicia Jovais of Latham & Watkins

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